RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060008401


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a correction of his records to include the
Purple Heart.

2.  The applicant states he was awarded the Purple Heart while in the
hospital, but it was not added to his records.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); a copy of DA Form 8-275-2
(Clinical Record Cover Sheet), dated 7 April 1969; and a copy of Standard
Form 502 (Narrative Summary), dated 4 October 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 April 1969.  The application submitted in this case is
dated 6 June 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 23 August 1967, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed Basic Combat Training
(BCT) and Advanced Individual Training (AIT).  Upon graduation, he was
awarded military occupational specialty (MOS) 11B10, Light Weapons
Infantryman.

4.  He was assigned to Vietnam from 7 February 1968 to 20 October 1968.
His unit of assignment was Company D, 1st Battalion, 46th Infantry, 198th
Infantry Brigade.

5.  The applicant's name does not appear on the Vietnam Casualty Listing as
having been wounded.  However, Item 40 (Wounds) of his DA Form 20 (Enlisted
Qualification Record) shows he was wounded on 9 September 1968.
Additionally, the DA Form 8-275-2 and Standard Form 502 supplied by the
applicant all show the applicant as having been wounded as a result of
hostile fire on 9 September 1968.
6.  On 7 April 1969, the applicant was honorably released from active duty
and assigned to the U.S. Army Reserve Control Group (Annual Training).  His

DD Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Campaign Medal, the Combat Infantryman Badge, and the Vietnam
Service Medal.  The applicant was subsequently honorably discharged from
the U.S. Army Reserve Control Group (Annual Training) on 15 October 1970.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there are no time
limitations for requests for award of the Purple Heart.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal.  The applicant served in Vietnam
during three campaigns -- Tet Counteroffensive, which extended from 30
January through
1 April 1968; Vietnam Counteroffensive, Phase IV, which extended from 2
April through 30 June 1968; and Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 8 February 1962 to 28 March 1973 by Department of
the Army General Orders 8, dated 1974.


11.  Special Orders Number 314, dated 6 December 1967, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk shows the
applicant was awarded the Marksman Marksmanship Qualification Badge with M-
16 Rifle Bar.

12.  Special Orders Number 314, dated 6 December 1967, published by
Headquarters, U.S. Army Training Center, Infantry and Fort Polk shows the
applicant was awarded the Sharpshooter Marksmanship Qualification Badge
with M-60 Machine Gun Bar.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia, in effect at the time, governs the requirements for the Oversea
Service Bar.  In pertinent part, it provides that a bar is authorized for
wear for each period of active Federal service as a member of the U.S. Army
outside of the continental limits of the United States.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as a whole months for
credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact the applicant's name does not appear on the
Vietnam Casualty Listing and no orders were found awarding him the Purple
Heart, there is ample evidence to support the fact he was wounded as a
result of hostile fire action.  Therefore, the applicant is entitled to
have the Purple Heart awarded to him and to have it added to his DD Form
214.  The applicant has indicated he was officially issued the Purple Heart
at his hospital bedside.  Regrettably, no orders could be located.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in Vietnam which is
not correctly shown by award of three bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with
three bronze service stars and correction of his DD Form 214 to show these
awards.

3.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to a correction of his records to show award of this foreign unit
award.

4.  Special Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have
this badge correctly reflected on his DD Form 214.

5.  Special Orders show the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge with M-60 Machine Gun Bar.  Therefore, he
is entitled to have this badge correctly reflected on his DD Form 214.

6.  The applicant served 8 months in Vietnam and is entitled to have one
Overseas Service Bar added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 April 1972.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence or
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__pbf___  __tmr___  __jcr___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  Issuing orders awarding the applicant the Purple Heart for wounds
received on 9 September 1968 to supersede any previously issued orders that
may have been published;

      b.  Deleting the Vietnam Service Medal on his DD Form 214 of 7 April
1969; and

      c.  Adding the Purple Heart, the Vietnam Service Medal with 3 bronze
service stars; the Republic of Vietnam Gallantry Cross with Pam Unit
Citation; the Marksman Marksmanship Qualification Badge with M-16 Rifle
Bar; the Sharpshooter Qualification Badge with M-60 Machine Gun Bar; and
one Overseas Service Bar.



                                  Peter B. Fisher
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008404                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |107.0109                                |
|4.                      |107.0110                                |
|5.                      |                                        |
|6.                      |                                        |


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